1995-09628-Resolution No. 95-048 Recorded 3/29/1995REVIE D
9 —09G28
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCH S N
A Resolution Initiating the Vacation of a portion of 0138-0855
Rocking Horse Road located in River Bend Estates,
Subdivision in Deschutes County, Oregon, Describing
the Property Proposed to be Vacated, the Reasons for
the Vacation, and Requesting that the County Engineer
File a Report.?
RESOLUTION NO. 95-048 J
.- M1
WHEREAS, the owners of land abutting the proposed right-of-way to be vacated, petitioned
for vacation of a public road known as a portion of Rocking Horse Road, located in River Bend
Estates in Deschutes County, Oregon; and
WHEREAS, the Board of County Commissioners has determined it to be in the public interest
to consider such vacation; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. That it is the intent of the Board of County Commissioners of Deschutes County,
Oregon, to vacate a portion of Rocking Horse Road described in Exhibit "A", attached hereto and by
this reference incorporated herein, because it appears the road is no longer needed for public use,
and will not be needed in the future.
Section 2. That the County Engineer shall file an Engineer's Report with the Board of
Commissioners, describing the ownership and uses of property to be vacated, and whether the
vacation would be in the public interest, within fourteen (14) days of the date of this Resolution.
DATED this day of 141. 11995.
G F;_tAED
AT T:
Recording Secretalry
1 - RESOLUTION NO. 95-048
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Y RRY H.!S�GHTE , CHAIRMAN
NANCY/,0PIE StHLANGE11], COMMISSIONER
ROBOT L. NIPPER, COMMISSIONER
0138-0856
EXHIBIT "A"
PROPOSED VACATION OF A PORTION OF ROCKING HORSE ROAD
A 50 foot wide section of Rocking Horse Road lying west of the westerly right-of-
way of U.S. Highway 97 and that lies between and is contiguous to Lots 98 and
99 of River Bend Estates Subdivision, Deschutes County, Oregon.
SUBJECT TO the reservation of a utilities easement in and upon all of the property;
for the purposes of continuing, constructing, installing, maintaining, repairing,
reconstructing, replacing, enlarging and altering; wires, poles, pipes, lines,
structures, casings supports, equipment, facilities and appurtenances; at the present
and in the future; necessary or convenient; to Deschutes County, a political
subdivision of the State of Oregon, its agents, licensees and permittees; forever.
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EXHIBIT "A"
0138-0858
Department of Public Works
MEMORANDUM
TO: Board of County Commissioners
FROM: Tom Blust, County Engineer
DATE: March 23, 1995
SUBJECT: Engineer's Report
Vacation of a portion of Rocking Horse Road
61150 S.E. 27th St., Bend, OR 97702
(503) 388-6581 • FAX (503) 388-2719
This report is made pursuant to ORS 368.326 through 368.366, concerning the
vacation of public road right-of-way.
Background:
Deschutes County received a petition (attached as "Exhibit 1 ") from Hamid Madani,
requesting the vacation of a public road right-of-way being a portion of Rocking
Horse Road. The legal description of the portion to be vacated is attached as
"Exhibit 2".
Mr. Madani owns both of the parcels which abut the proposed vacation (see
attached map "Exhibit 3"). The petitioner is requesting this vacation because the
roadway within this right-of-way has been abandon and he would like the right-of-
way to be combined with his parcels lying on either side.
Discussion:
The Department of Public Works mailed preliminary notices of the proposed
vacation to the affected utilities and agencies. Their responses are as follows:
Bend Fire Department: No response
Arnold Irrigation District: No Response
Avion Water Company:
We have no facilities located in the area to be vacated.
U.S. West Communications:
Please retain easement for US West Communications existing buried and aerial
cable on the north side of the road.
Pacific Power and Light:
Pacific Power and Light Company currently has facilities within the existing
roadway. The facility borders Lot 98 and stretches completely along the northern
boundary. We request that a right-of-way be maintained as part of the roadway
vacation that will allow our facilities to remain in their present location.
Quality Services Performed with Pride
Engineer's Report 0138-0859
Page 2
Central Electric Cooperative: No response.
Cascade Natural Gas: No response.
Bend Cable Communications, Inc.:
Bend Cable has an overhead line going along the north side of this right of way.
We have both coaxial cable and fiber optic cable on this line and it serves all of
Deschutes River Woods. We are not able to remove or relocate this line easily.
We recommend this right of way remain intact indefinitely.
Deschutes County Community Development: No response
Deschutes County Property Management:
No objections.
Oregon Department of Transportation: No response.
Note: this vacation was discussed with ODOT during the planning and
construction phase of their Hwy. 97 project. ODOT had no objections to the
vacation.
Findings•
Based on preliminary responses and the Department's research of the proposed
vacation the Engineer makes the following findings:
1. The right-of-way proposed for vacation was dedicated to the public for road
purposes on the original plat of "River Bend Estates Subdivision", signed by the
Deschutes County, Board of County Commissioners on November 9, 1961.
2. This right-of-way does not provide access to any public lands, rivers, or streams.
3. US West Communications, Pacific Power & Light, and Bend Cable all have
utilities lying within the proposed vacation.
4. Rocking Horse Road was realigned as a part of ODOT's reconstruction project
on Hwy. 97. The portion of Rocking Horse Road within the proposed vacation has
been abandon and is no longer needed for roadway purposes.
5. Per ORS 368.366, the vacated property shall vest in the owner of the land
abutting the vacated property by extension of the person's abutting property
boundaries to the center of the vacated property.
Recommendation:
It is the Engineer's assessment that the proposed vacation is in the public interest.
The vacation of these right-of-ways will allow for better use of this parcel of land
since it is no longer needed for public road right-of-way.
If this vacation is approved, the Engineer recommends that an easement be reserved
for the existing utility facilities lying within the right-of-way.
If vacated, the property shall vest with the abutting property owner in accordance
with ORS 368.366.
500'=
EXHIBIT "1"
0138-0800
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS
We, the undersigned, respectfully request the following described
road be vacated.
Description of road to be vacated: A Sp vaiDE -,5e:CTlor,.t _oma
�Gc7GU 1J 6} I o RSA RO•� t7 -TT+QT V R=5 A U Q t S
Gtr u L4T-e o izs r o
Located in Deschutes County.
DATED this 6;T"O day of I fr=PaeU-k4� , 19 c5-
NAME
ADDRESS
t ►n M :12ijt _owmElz TL � ! !e �5� u(eW P 1f�.oT 2 `�7TO
t4s P V A D -w i • owqt;R. TL Roo �S•t2•tq� b3 Com, .�-rU«� pR, 3E� f� o�,g��o
I certify that this is the true and originalp ti circul ted by me.
SIGNAT—URE-
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ADDRESS 477-1
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TELEPHONE
FORM: DPW - VAC 2
o138-0861
EXHIBIT "2"
PROPOSED VACATION OF A PORTION OF ROCKING HORSE ROAD
A 50 foot wide section of Rocking Horse Road lying west of the westerly right-of-
way of U.S. Highway 97 and that lies between and is contiguous to Lots 98 and
99 of River Bend Estates Subdivision, Deschutes County, Oregon.
SUBJECT TO the reservation of a utilities easement in and upon all of the property;
for the purposes of continuing, constructing, installing, maintaining, repairing,
reconstructing, replacing, enlarging and altering; wires, poles, pipes, lines,
structures, casings supports, equipment, facilities and appurtenances; at the present
and in the future; necessary or convenient; to Deschutes County, a political
subdivision of the State of Oregon, its agents, licensees and permittees; forever.
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